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HomeMy WebLinkAboutResolution - 4358 - Easement Conveyance - BRA - John T Montford Dam - 01_13_1994Resolution No. 4358 January 13, 1994 Item #21 RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality (herein called "City") has been requested by Brazos River Authority, a River Authority of the State of Texas, (herein called 'BRA") to convey and assign to BRA certain easements for the construction, operation and maintenance of John T. Montford Dam (formerly called Justiceburg Dam) and Lake Alan Henry (herein called "Project") to be built by BRA on the South Fork of the Double Mountain Fork of the Brazos River in Garza and Kent Counties, Texas; and WHEREAS, City is agreeable to complying with the request of BRA to expedite and further the Project in the interest of the City and its citizens; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is herby authorized and directed to execute for and on behalf of the City an Easement Conveyance and Assignment from City (as Grantor) to BRA (as Grantee) in the form as submitted by BRA, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully coRiedJer4io in detail. Passed by the City Council this the ATTEST: Betty . JohnsolV, City Secretary TO of Water Utilities APPROVED AS TO FORM: Harold Willard, Assistant City Attorney HW:agNcodocs�BRAares rev. January S, 1994 Resolution No. 4358 January 13, 1994 Item #21 EASEMENT CONVEYANCE AND ASSIGNMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTIES OF GARZA AND KENT $ That the CITY OF LUBBOCK, TEXAS, a municipal corporation of Lubbock County, Texas, hereinafter called "Grantor", for valuable consideration, receipt of which is hereby acknowledged, has Granted, Transferred and Conveyed and by these presents does Grant, Transfer and Convey unto BRAZOS RIVER AUTHORITY, a river authority of the State of Texas, hereinafter called Grantee, whose address is 4400 Cobbs Drive, Waco, Texas 76710, an easement for the construction, operation and maintenance of the John T. Montford Dam (formerly called Justiceburg Dam) and Lake Alan Henry, hereinafter called "Project", to be built by Grantee on the South Fork of the Double Mountain Fork of the Brazos River in Garza and Kent Counties, Texas, on, over and across the tracts of land conveyed to Grantor in fee simple by the deeds listed in Exhibit "A", attached hereto, with it being specially agreed by Grantor that Grantee shall have the right to permanently flood, overflow and inundate all portions of said tracts of land situated upstream of the said John T. Montford Dam and located below elevation 2220 feet above mean sea level with waters impounded by or the flow of which is retarded by the said John T. Montford Dam; to temporarily flood, overflow and inundate all or any part of said tracts held in fee by Grantor located below said dam with water released through the spillways or outlet works of said dam; and to temporarily flood, overflow and inundate all parts of said lands held in fee by Grantor situated upstream of said dam and located between elevation 2220 feet above mean sea level and elevation 2245 feet above mean sea level with waters impounded by or the flow of which is retarded by the said John T. Montford Dam, with it being agreed that Grantee shall never be liable to Grantor, its successors or assigns, for damages to said tracts of land or anything located thereon caused by the impoundment or retardation of flow of water by the said John T. Montford Dam. It is further agreed that Grantee shall have access to all portions of said land held in fee by Grantor for all purposes reasonably related to the construction, operation and maintenance of Project, including, but not limited to, law enforcement. Grantor further grants, transfers, conveys and assigns unto Grantee all easements held by it or agreed to be conveyed to it under the deeds and judgment listed in Exhibit "A", attached hereto, and under the easement conveyances listed in Exhibit "B", attached hereto. This conveyance is made by Grantor and accepted by Grantee subject to all outstanding mineral interests, royalty interests, easements, leases, agreements, reservations, restrictions, ordinances, covenants and encumbrances of record in Garza and Kent Counties, Texas, which affect or pertain to the premises described in the deeds and easements listed in Exhibits "A" and "B", attached hereto. All rights granted or assigned herein shall remain in full force and effect for as long as Grantee operates and maintains Project under the terms and conditions of that certain Water Supply Agreement by and between Brazos River Authority and the City of Lubbock, dated May 11, 1989, and all amendments thereto. Upon termination of said Agreement, said easements with the rights granted or assigned herein shall terminate and revert to Grantor and Grantor's successors and assigns. TO HAVE AND TO HOLD the above described easements and rights, together with all and singularly the rights and appurtenances thereto in anywise belonging unto the said Grantee and Grantee's successors and assigns forever, and Grantor does hereby bind itself, its successors and assigns, to Warrant and Forever Defend, all and singular the above described easements and rights unto Grantee and Grantee's successors and assigns, against any person whomsoever lawfully claiming, or to claim the same, or any part -2- thereof, subject however to the matters stipulated herein. EXECUTED this the 13th day of January , ADD= 1994. THE ATTEST: Betty Johns n, City Secretary THE STATE OF TEXAS § COUNTY OF LUBBOCK § L David R. Langston, "Grantor" yor THIS INSTRUMENT was acknowledged before me on the 13th day of January , 1998/,4 by David R. Langston, Mayor of the City of Lubbock, on behalf of said City and in the capacity therein stated. LORI BETH WfA(. M Notary Public, St* d *Ulf Cnmm Expim 10" a OVED A TO LATENT: D n Hawkins, Director of WaNter Utilities APPROVED AS�TO� FORM: A" " �y� Harrold Willard, Assistant City 6i1*Wn ey Notary Public in and for the State of Texas -3- PROPERTY DESCRIPTION LAKE ALAN HENRY BRAZOS RIVER AUTHORITY Property No. 8: BEING a tract of land out of Section 48, Block 5 of the H. & G. N. R.R. Co. Survey in Kent County, Texas, and being all of that certain 198.17 acre tract of land conveyed by Sidney Wallace Johnson to the City of Lubbock by deed dated January 8, 1991, and recorded in Volume 200, Page 554 of the Deed Records of Kent County, Texas, to which reference is herein made for a full and complete description. Property No. 10: BEING eleven (11) tracts of land out of Sections 108, 114, 115, 137 and 138, Block 5 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land described as Reservoir Area "A", "Bill licit, "D" and "Eli, containing a total of 341.42 acres, and also being all of those certain tracts of land described as "Unusable Land "A", "Bit, licit, "D", "Eli and "F", containing a total of 8.82 acres, in a deed from Estine D. Blakey, John Clinton Blakey, James Edward Blakey and Carolyn Estine Blakey to the City of Lubbock, dated December 19, 1990, and recorded in Volume 194, Page 269 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 11: BEING thirty-eight (38) tracts of land out of Sections 116, 136 and 137, Block 5, and Sections 4 and 5, Block 6, H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land described as Reservoir Area "A", "Bill licit, "D", "E", "Fit and "Gil, containing a total of 445.08 acres, and also being all of that certain tract of land described as Public Access Area, containing 99.51 acres, and also being all of those certain tracts of land described as Unusable Land "A", "Bill licit, "D", "E", "Fill "Gil and "Hill containing a total of 269.28 acres, and also being all of those certain tracts of land described as Flood and Restrictive Easement "A", "Bit, "C" and "D", containing a total of 148.98 acres, and also being all of those certain tracts of land described as Restrictive Easement "A", "Bit, licit, "D", "E", "Fit, "Gil, "Hit, "I", "Jill "Kill itLn, "Mil, "Nit, "Oil, lip", "Q" and "Rill containing a total of 175.30 acres, in a deed from Walter Boren and Mildred Boren Wood to the City of Lubbock, dated August 29, 1989, and recorded in Volume 183, Page 875 of the Deed Records of Garza County, Texas, said tracts being more particularly described by metes and bounds in Exhibits "A", "Bill "C" , "D" and "Eli , in a EXHIBIT "A" (Page 1 of 2) Contract of Sale by and between Walter Boren and Mildred Boren Wood and the City of Lubbock, dated May 25, 1989, and recorded in Volume 182, Page 230 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 12: BEING a tract of land out of Section 117, Block 5 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of that certain 7.71 acre tract of land described as Tract A in a deed from Bandy Silas Cash to the City of Lubbock, dated September 29, 1989, and recorded in Volume 184, Page 495 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 13: BEING a tract of land out of the southwest 1/4 of Section 117, Block 5 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of that certain 2.33 acre tract of land described as Reservoir Area on Exhibit A in a deed from Weldon Reed and wife, Maritta Reed, to the City of Lubbock, dated December 14, 1989, and recorded in Volume 185, Page 1029 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 14: BEING two (2) tracts of land out of Section 3, Block 6 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land described as Tract I (designated as Reservoir Area "A") and Tract II (designated as Unusable Land) in a deed from Appleton Doyle Justice to the City of Lubbock, dated July 15, 1991, and recorded in Volume 197, Page 993 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 15: BEING all those certain tracts of land that are included within and that are a part of four (4) parcels of land out of Sections 3, 11, 12, 13 and 20, Block 6 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land that are a part of Parcel One, Parcel Two, Parcel Three and Parcel Four, more particularly described in a Judgment in Absence of Objection to the Award of Special Commissioners in This Cause, Cause No. 474341 styled City of Lubbock, Texas vs. A. Doyle Justice, et al, in the 106th District Court of Garza County, Texas, said judgment being rendered and signed on September 11, 1992, and recorded in Volume 208, Page 624 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. 6(13)1/581 EXHIBIT "A" (Page 2 of 2) PROPERTY DESCRIPTION LAKE ALAN HENRY BRAZOS RIVER AUTHORITY Property No. 9: BEING four (4) tracts of land out of Sections 109 and 113, Block 5 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land described as Flood and Restrictive Easement "A", "Bit, licit and "D", containing a total of 48.34 acres, in a corrected easement conveyance from Andrew P. Fuller to the City of Lubbock, dated April 14, 1991, and recorded in Volume 205, Page 3 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 10E: BEING four (4) tracts of land out of Sections 108, 114, 115, 137 and 138, Block 5 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land described as Flood and Restrictive Easement "A", "B", licit and "D", containing a total net area of 557.02 acres, in an easement conveyance from Estine D. Blakey, John Clinton Blakey, James Edward Blakey and Carolyn Estine Blakey to the City of Lubbock, dated December 19, 1990, and recorded in Volume 194, Page 313 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 12E: BEING two (2) tracts of land out of Section 117, Block 5 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land described as Tract A (designated as Flood and Restrictive Easement "A") and Tract B (designated as Flood and Restrictive Easement "Bit), containing a total of 0.97 of an acre, in an easement conveyance from Bandy Silas Cash to the City of Lubbock, dated September 29, 1989, and recorded in Volume 184, Page 498 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 13E: BEING a tract of land out of the southwest 1/4 of Section 117, Block 5 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of that certain 24.25 acre tract of land described as Flood and Restrictive Easement in an easement conveyance from Weldon Reed and wife, Maritta Reed, to the City of Lubbock, dated December 14, 1989, and recorded in Volume 185, Page 1036 of the Deed Records of Garza County, Texas, to which reference is herein EXHIBIT "Bit (Page 1 of 2) made for a full and complete description. Property No. 14E: BEING five (5) tracts of land out of Sections 3 and 13, Block 6 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land described as Tract III (designated as Flood and Restrictive Easement "A"), Tract IV (designated as Flood and Restrictive Easement "C"), Tract V (designated as Flood and Restrictive Easement 11FR211), Tract VI (designated as Flood and Restrictive Easement 11FR311), and Tract VII (designated as Flood and Restrictive Easement 11FR411) in an easement conveyance from Appleton Doyle Justice to the City of Lubbock, dated July 15, 1991, and recorded in Volume 197, Page 999 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 16: BEING two (2) tracts of land ou the H. & G. N. R . R . Co. Survey all of those certain tracts Restrictive Easement "A" and acres, in an easement conveyanc District to the City of Lubbc recorded in Volume 203, Page County, Texas, to which refere complete description. Property No. 17: of Sections 12 and 19, Block 6 of in Garza County, Texas, and being of land described as Flood and "B", containing a total of 8.73 e from the Post Independent School ::k, dated February 12, 1992, and 716 of the Deed Records of Garza ice is herein made for a full and BEING two (2) tracts of land out of Section 21, Block 6 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land described as Flood and Restrictive Easement "A" and "B", containing a total of 140.75 acres, in a corrected easement conveyance from Gloria Forrestine Tuffing Kline to the City of Lubbock, dated May 14, 1991, and recorded in Volume 203, Page 1 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. 6(13)1/583 EXHIBIT "B" (Page 2 of 2) Resolution No. 4358 January 13, 1994 Item #21 EASEMENT CONVEYANCE AND ASSIGNMENT THE STATE OF TEXAS $ KNOW ALL MEN BY THESE PRESENTS: COUNTIES OF GARZA AND KENT $ That the CITY OF LUBBOCK, TEXAS, a municipal corporation of Lubbock County, Texas, hereinafter called "Grantor", for valuable consideration, receipt of which is hereby acknowledged, has Granted, Transferred and Conveyed and by these presents does Grant, Transfer and Convey unto BRAZOS RIVER AUTHORITY, a river authority of the State of Texas, hereinafter called Grantee, whose address is 4400 Cobbs Drive, Waco, Texas 76710, an easement for the construction, operation and maintenance of the John T. Montford Dam (formerly called Justiceburg Dam) and Lake Alan Henry, hereinafter called "Project", to be built by Grantee on the South Fork of the Double Mountain Fork of the Brazos River in Garza and Kent Counties, Texas, on, over and across the tracts of land conveyed to Grantor in fee simple by the deeds listed in Exhibit "A", attached hereto, with it being specially agreed by Grantor that Grantee shall have the right to permanently flood, overflow and inundate all portions of said tracts of land situated upstream of the said John T. Montford Dam and located below elevation 2220 feet above mean sea level with waters impounded by or the flow of which is retarded by the said John T. Montford Dam; to temporarily flood, overflow and inundate all or any part of said tracts held in fee by Grantor located below said dam with water released through the spillways or outlet works of said dam; and to temporarily flood, overflow and inundate all parts of said lands held in fee by Grantor situated upstream of said dam and located between elevation 2220 feet above mean sea level and elevation 2245 feet above mean sea level with waters impounded by or the flow of which is retarded by the said John T. Montford Dam, with it being agreed that Grantee shall never be liable to Grantor, its successors or assigns, for damages to said tracts of land or anything located thereon caused by the impoundment or retardation of flow of water by the said John T. Montford Dam. It is further agreed that Grantee shall have access to all portions of said land held in fee by Grantor for all purposes reasonably related to the construction, operation and maintenance of Project, including, but not limited to, law enforcement. Grantor further grants, transfers, conveys and assigns unto Grantee all easements held by it or agreed to be conveyed to it under the deeds and judgment listed in Exhibit "A", attached hereto, and under the easement conveyances listed in Exhibit "B", attached hereto. This conveyance is made by Grantor and accepted by Grantee subject to all outstanding mineral interests, royalty interests, easements, leases, agreements, reservations, restrictions, ordinances, covenants and encumbrances of record in Garza and Kent Counties, Texas, which affect or pertain to the premises described in the deeds and easements listed in Exhibits "A" and "B", attached hereto. All rights granted or assigned herein shall remain in full force and effect for as long as Grantee operates and maintains Project under the terms and conditions of that certain Water Supply Agreement by and between Brazos River Authority and the City of Lubbock, dated May 11, 1989, and all amendments thereto. upon termination of said Agreement, said easements with the rights granted or assigned herein shall terminate and revert to Grantor and Grantor's successors and assigns. TO HAVE AND TO HOLD the above described easements and rights, together with all and singularly the rights and appurtenances thereto in anywise belonging unto the said Grantee and Grantee's successors and assigns forever, and Grantor does hereby bind itself, its successors and assigns, to Warrant and Forever Defend, all and singular the above described easements and rights unto Grantee and Grantee's successors and assigns, against any person whomsoever lawfully claiming, or to claim the same, or any part -2- thereof, subject however to the matters stipulated herein. EXECUTED this the 13th day of January , XVS= 1994. THE C Y ATTEST: S� Betty Johnson, City Secretary THE STATE OF TEXAS § COUNTY OF LUBBOCK $ avid R. Lan`§ston, 1� "Grantor" THIS INSTRUMENT was acknowledged before me on the 13th day of January , 199g/,4 by David R. Langston, Mayor of the City of Lubbock, on behalf of said City and in the capacity therein stated. LORI BETH WALKER Notary Public. State of Texas Mr Comm Expires 10 23-96 fi D Hawking, Director o Wa er Utilities APPROVED AS TO FORM: H'Wld Willard, Assistant City A6(13)b?F N t ry Public in and for the State of Texas -3- PROPERTY DESCRIPTION LAKE ALAN HENRY BRAZOS RIVER AUTHORITY Property No. 8: BEING a tract of land out of Section 48, Block 5 of the H. & G. N. R.R. Co. Survey in Kent County, Texas, and being all of that certain 198.17 acre tract of land conveyed by Sidney Wallace Johnson to the City of Lubbock by deed dated January 8, 1991, and recorded in Volume 200, Page 554 of the Deed Records of Kent County, Texas, to which reference is herein made for a full and complete description. Property No. 10: BEING eleven (11) tracts of land out of Sections 108, 114, 115, 137 and 138, Block 5 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land described as Reservoir Area "A", "Bit, "Coll "Dos and "Eli, containing a total of 341.42 acres, and also being all of those certain tracts of land described as "Unusable Land "A", "Bit, locos, "Dos, "Eli and "F", containing a total of 8.82 acres, in a deed from Estine D. Blakey, John Clinton Blakey, James Edward Blakey and Carolyn Estine Blakey to the City of Lubbock, dated December 19, 1990, and recorded in Volume 194, Page 269 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 11: BEING thirty-eight (38) tracts of land out of Sections 116, 136 and 137, Block 5, and Sections 4 and 5, Block 6, H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land described as Reservoir Area "A", "Bit, licit, "Dos, "E", "Flo and "Gil, containing a total of 445.08 acres, and also being all of that certain tract of land described as Public Access Area, containing 99.51 acres, and also being all of those certain tracts of land described as Unusable Land "A", "Bill lice@, "Dos, "E", "Fell "Gil and "Hit, containing a total of 269.28 acres, and also being all of those certain tracts of land described as Flood and Restrictive Easement "A", "Bill licit and "Dos, containing a total of 148.98 acres, and also being all of those certain tracts of land described as Restrictive Easement "A", "Bit, licit, "Dos, "Eli, "Flo, "Gnu "His 11 11I111 "Je@I "Kill I'Ll's, limes "Nes, uO", lopes, "Q" and "R"i containing a total of 175.30 acres, in a deed from Walter Boren and Mildred Boren Wood to the City of Lubbock, dated August 29, 1989, and recorded in Volume 183, Page 875 of the Deed Records of Garza County, Texas, said tracts being more particularly described by metes and bounds in Exhibits "A", "Bit, licit, "D" and "Eli, in a EXHIBIT "A" (Page 1 of 2) Contract of Sale by and between Walter Boren and Mildred Boren Wood and the City of Lubbock, dated May 25, 1989, and recorded in Volume 182, Page 230 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 12 : BEING a tract of land out of Section 117, Block 5 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of that certain 7.71 acre tract of land described as Tract A in a deed from Bandy Silas Cash to the City of Lubbock, dated September 29, 1989, and recorded in Volume 184, Page 495 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 13 : BEING a tract of land out of the southwest 1/4 of Section 117, Block 5 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of that certain 2.33 acre tract of land described as Reservoir Area on Exhibit A in a deed from Weldon Reed and wife, Maritta Reed, to the City of Lubbock, dated December 14, 1989, and recorded in Volume 185, Page 1029 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 14 : BEING two (2) tracts of land out of Section 3, Block 6 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land described as Tract I (designated as Reservoir Area "A") and Tract II (designated as Unusable Land) in a deed from Appleton Doyle Justice to the City of Lubbock, dated July 15, 1991, and recorded in Volume 197, Page 993 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 15: BEING all those certain tracts of land that are included within and that are a part of four (4) parcels of land out of Sections 3, 11, 12, 13 and 20, Block 6 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land that are a part of Parcel One, Parcel Two, Parcel Three and Parcel Four, more particularly described in a Judgment in Absence of Objection to the Award of Special Commissioners in This Cause, Cause No. 4743, styled City of Lubbock, Texas vs. A. Doyle Justice, et al, in the 106th District Court of Garza County, Texas, said judgment being rendered and signed on September 11, 1992, and recorded in Volume 208, Page 624 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. 6(13)1/581 EXHIBIT "A" (Page 2 of 2) PROPERTY DESCRIPTION LAKE ALAN HENRY BRAZOS RIVER AUTHORITY Property No. 9: BEING four (4) tracts of land out of Sections 109 and 113, Block 5 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land described as Flood and Restrictive Easement "A", "Bit, licit and "D", containing a total of 48.34 acres, in a corrected easement conveyance from Andrew P. Fuller to the City of Lubbock, dated April 14, 1991, and recorded in Volume 205, Page 3 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 10E: BEING four (4) tracts of land out of Sections 108, 114, 115, 137 and 138, Block 5 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land described as Flood and Restrictive Easement "A", "Bit, licit and "D", containing a total net area of 557.02 acres, in an easement conveyance from Estine D. Blakey, John Clinton Blakey, James Edward Blakey and Carolyn Estine Blakey to the City of Lubbock, dated December 19, 1990, and recorded in Volume 194, Page 313 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 12E: BEING two (2) tracts of land out of Section 117, Block 5 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land described as Tract A (designated as Flood and Restrictive Easement "A") and Tract B (designated as Flood and Restrictive Easement "Bit), containing a total of 0.97 of an acre, in an easement conveyance from Bandy Silas Cash to the City of Lubbock, dated September 29, 1989, and recorded in Volume 184, Page 498 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 13E: BEING a tract of land out of the southwest 1/4 of Section 117, Block 5 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of that certain 24.25 acre tract of land described as Flood and Restrictive Easement in an easement conveyance from Weldon Reed and wife, Maritta Reed, to the City of Lubbock, dated December 14, 1989, and recorded in Volume 185, Page 1036 of the Deed Records of Garza County, Texas, to which reference is herein EXHIBIT "Bit (Page 1 of 2) made for a full and complete description. Property No. 14E: BEING five (5) tracts of land out of Sections 3 and 13, Block 6 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land described as Tract III (designated as Flood and Restrictive Easement "A"), Tract IV (designated as Flood and Restrictive Easement "C"), Tract V (designated as Flood and Restrictive Easement "FR211), Tract VI (designated as Flood and Restrictive Easement 11FR311), and Tract VII (designated as Flood and Restrictive Easement "FR411) in an easement conveyance from Appleton Doyle Justice to the City of Lubbock, dated July 15, 1991, and recorded in Volume 197, Page 999 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 16: BEING two (2) tracts of land out of Sections 12 and 19, Block 6 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land described as Flood and Restrictive Easement "A" and "B", containing a total of 8.73 acres, in an easement conveyance from the Post Independent School District to the City of Lubbock, dated February 12, 1992, and recorded in Volume 203, Page 716 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. Property No. 17: BEING two (2) tracts of land out of Section 21, Block 6 of the H. & G. N. R.R. Co. Survey in Garza County, Texas, and being all of those certain tracts of land described as Flood and Restrictive Easement "A" and "B", containing a total of 140.75 acres, in a corrected easement conveyance from Gloria Forrestine Tuffing Kline to the City of Lubbock, dated May 14, 1991, and recorded in Volume 203, Page 1 of the Deed Records of Garza County, Texas, to which reference is herein made for a full and complete description. 6(13)1J583 EXHIBIT "B" (Page 2 of 2)